Terms and Conditions

CUSTOMER SERVICE

917 300-9041 | pearl@pearlstreetcaviar.com
Weekday Hours: 9:00 AM to 6:00 PM Eastern

These customer service terms apply to orders placed on www.pearlstreetcaviar.com.

Orders can be placed 24 hours a day, seven days a week via our website.

SHIPPING RATES

NY Tri-State Area: $5

Eastern USA: $24* Western USA: $34

Messenger: $15**

*Delivery (by 10:30 AM to most U.S. addresses, delivery by 5 PM to remote areas).

**Messenger orders must be placed by phone or email by 5pm the day of delivery to give our team time to process the order. We offer service for most addresses in Manhattan.

Saturday delivery will have a surcharge of $25 billed to payer.

Alaska and Hawaii will have a surcharge of $15 billed to payer.

Shipping options and charges are determined by delivery address. If the delivery option you desire is not offered for apparel orders please email pearl@pearlstreetcaviar.com or call 917 300-9041.

For Saturday Priority delivery, choose Saturday as your delivery date and you'll be offered the premium service. We cannot ship on Saturday or Sunday, unless otherwise noted.

If desired, you can select a future delivery date during the checkout process.

We ship all packages with Signature Release, so UPS will leave it at your door if you are not available to receive it. We cannot ship to PO Boxes, APO's or FPO's or outside of the US.

Orders shipping to Puerto Rico must be placed over the phone or by email. To place an order going to Puerto Rico, please call 917 300-9041 or email pearl@pearlstreetcaviar.com between the hours of 9AM and 6PM Monday-Friday.

ORDERS

Pearl Street accepts the following credit cards: Mastercard, Visa , Discover, and American Express. All prices are subject to change without notice. Catalog prices do not reflect the cost of delivery.

CREDIT CARD APPROVALS

When your order is placed, your card will be authorized for the amount of your order.

RETURNS, REFUNDS AND EXCHANGES

For returns, refunds and exchanges, please contact customer service within 24-48 hours of receipt. Since our packages are perishable, please inspect your package immediately upon receipt. We will do everything possible to re-route orders for timely delivery but cannot be responsible for damaged or compromised product due to the following:

  1. Delayed deliveries due to weather or other "Acts of God".
  2. Incorrect addresses. (* Please be sure to include apartment, suite or floor numbers, as needed.)
  3. Delivered to specified address, yet package wasn't received.
  4. Gift shipments sent to recipients who are out of town or otherwise unavailable to receive their shipment. Please notify recipient of the pending arrival of perishables!
  5. Package received but contents not refrigerated within 24 hours allowing for unnecessary spoilage (all boxes are clearly marked "Perishable").
  6. Items that have been discarded or consumed.

SHIPPING AND DELIVERY

Orders placed by 5:00 p.m. Eastern can be shipped from our facility same day Monday through Friday (excluding non-business days).

COUPONS & SALES

All coupons listed online and promotional pricing on our site are valid for online orders only.

GIFT MESSAGES

A personalized gift note can be included with all of our products at no extra charge. Please be sure to include a signature!

GIFT RECEIPT POLICY

If order is marked as a gift, it will not include pricing on the packing slip included with the order.

GIFT CARDS

Gift Cards can be purchased online and a code will be emailed to you. Gift Cards are good for online ordering only.

Unless otherwise stated, discounts aren't available on Gift Cards.

PACKAGING

Your orders are packaged in insulated containers and with ice packs to ensure quality standards for up to 48 hours. Items ordered together are not necessarily shipped together.

TERMS AND CONDITIONS FOR NBA TICKET GIVEAWAYS

1. GIVEAWAYS AND ELIGIBILITY: The Pearl Street Caviar NBA Ticket Giveaway (the “Giveaway”) begins at 6:30 p.m. Eastern Time (“ET”) on December 17, 2019 and ends at 12:00 .m. ET on December 20, 2019 ("Promotion Period"). Open only to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico that are at least the age of majority in their state of residence as of the date of entry. To participate, you must have an active account with Instagram (“www.instagram.com”), which is currently available free of charge. Employees of Pearl Street Caviar (“Sponsor”), and its affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Giveaway (“Sponsor Affiliates”), the National Basketball Association (“NBA”) and the NBA member teams (collectively, the “NBA Entities”), and each of the foregoing’s agents, directors, officers (including members of their immediate families – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor or any Sponsor Affiliates are not eligible to participate.

By entering the Giveaway, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. All time shall be determined by Sponsor’s systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Giveaway. Any entry may be disqualified at any time if, in the opinion of Sponsor, the entry does not comply with these Official Rules. Incomplete entries are void. Any individual who attempts or encourages, directly or indirectly, or realizes the entry of multiple or false contact information under multiple identities, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Sponsor, will be disqualified. This Giveaway is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law.

2. HOW TO ENTER: Entry for this Giveaway is only offered through Instagram. To enter, you must complete the following steps during the Promotion Period: (i) follow @pearlstreetcaviar on Instagram, (ii) like the Giveaway post and (iii) comment on the Giveaway post. Limit one (1) entry per person and per Instagram account.

3. SELECTION AND NOTIFICATION OF WINNING ENTRIES: The potential winner will be selected via a random drawing on October 31, 2019, from all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor or its designee and whose decisions shall be final and binding. Potential winner will be contacted by Sponsor via their Instagram account. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the applicable Instagram account. "Authorized account holder" is defined as the natural person who is assigned to that Instagram account by Instagram.

4. PRIZES: There will be one (1) winner selected. Winner will receive two (2) tickets to a NBA regular season game on December 21, 2019. (Maximum Approximate Retail Value (“ARV”) $599). Total Maximum ARV of all prizes: $599 USD. Exact seat locations at the game shall be determined in the sole discretion of Sponsor. NO TRAVEL IS PROVIDED and is winner’s sole responsibility. Approximate retail value of Prize is as of the printing dates of these Official Rules and may vary based on the selected NBA market. There is not an approximate retail value and no substitution or transfer of prize permitted except as determined in Sponsor’s sole discretion.

ALL PRIZES ARE AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER PEARL STREET CAVIAR OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS GIVEAWAY AND ANY PRIZE. Each winner is solely responsible for all applicable federal, state and local income taxes associated with the Prizes. Winners may be issued IRS Forms 1099 for the value of any prize accepted. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.

NBA games, events and exhibitions dates and times are determined in the sole discretion of the NBA Entities, and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game, event or exhibition, as defined by NBA, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason. Each winner and his/her guest agree to comply with all applicable venue regulations in connection with the prize. Sponsor and NBA Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Sponsor and the NBA will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any NBA game, event or exhibition. NBA game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s)

5. CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential entrant from participating in the Giveaway, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, NBA Entities, or Sponsor’s or an NBA Entities’ agents or representatives; or (2) in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Giveaway is prohibited. Sponsor’s decisions as to all matters related to the Giveaway and selection of prize winner are final.

Sponsor, NBA Entities, and each of their respective parent companies, subsidiaries and affiliates, are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, or ineligible entries , all of which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Giveaway which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Giveaway. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sponsor and its parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Giveaway), the Giveaway is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway, and/or to select the prize winner based on the Judging Criteria from among all eligible Submissions received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor at its sole discretion. Sponsor shall have no further obligation to any participant in connection with the Giveaway. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor and NBA Entities (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.

By entering the Giveaway, you agree to allow Sponsor to communicate with you regarding the Giveaway on any platform through which your entry has been submitted.

6. PRIZE ACCEPTANCE: A potential winner will be notified as provided in the “Winner Selection and Notification” section above and must respond within three (3) hours or, if longer, the timeframe requested by Sponsor. To claim the prize, Sponsor may, within its sole discretion, require winners to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release (where permitted by law) forms, and other applicable documents, which may require a social security number, postmarked within three (3) days of the date on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or declines the prize for any reason, or if the prize notification is returned as undeliverable, an alternate potential winner may be selected from among all remaining eligible Submissions.

7. PUBLICITY & MARKETING: By accepting a prize, the winners grant to Sponsor and NBA Entities the right to use winner's name, likeness, image, voice, hometown, and biographical information in any advertising, trade or promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. Submission of contact information in connection with this Giveaway (whether or not required), including mailing address, and email address during entry constitutes permission for Sponsor to add you to Sponsor’s customer database and to contact you in the future for promotional and other reasons.

8. RELEASE & INDEMNIFICATION: Neither Sponsor, Sponsor Affiliates, nor NBA Entities are responsible for, and entrants release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Giveaway, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winner, or otherwise execute this Giveaway in the manner intended. By entering the Giveaway, you agree to release, defend, hold harmless and indemnify, Sponsor, Sponsor Affiliates, NBA Entities, and each of their respective parents, subsidiaries, affiliates, and their respective contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any such failure, a well as (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering this Giveaway; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Giveaway, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor and NBA Entities are not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Giveaway. Entrants enter at their own risk and each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of the prize. Sponsor and NBA Entities are not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Giveaway to be disrupted or corrupted.

9. DISPUTES: This promotion is intended for participation in the United States only and shall be construed only according to New York’s law. Except where prohibited by law, as a condition of participating in this Giveaway, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court located in New York; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York, for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (2) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Giveaway but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages, or any other damages, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Giveaway), and entrant further waives all rights to have damages multiplied or increased. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Giveaway shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

9. NO AFFILIATION WITH INSTAGRAM: Instagram® is a registered trademark of Instagram Inc. This Giveaway is in no way sponsored, endorsed, administered by or associated with Instagram Inc. Questions, comments or complaints regarding the Giveaway should be directed to Sponsor, not to Instagram Inc.

11. SPONSOR: The Sponsor of this Giveaway is Pearl Street Caviar, 122 West 27th Street, 10th Floor.

This Contest is not sponsored, administered, executed or produced by the NBA.